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HomeMy WebLinkAbout1990-10-30 - AGENDA REPORTS - VEHICLE AIR POLLUTION (2)AGENDA REPORT City Manager Approval Item to be presented NEW BUSINESS Ken Pulskamn DATE: October 30, 1990 SUBJECT: AB 911, Vehiclesode Sections Relating to Air Pollution DEPARTMENT: City BACKGROUND Southern California's air quality is the worst in the nation, violating federal health standards on 232 days in 1988. Ninety percent of the Southland residents in a recent Los Angeles Times poll said they would make personal changes to improve air quality. The percentage of air pollution is directly related to mobile air sources, that is, largely trucks and cars. Santa Clarita Valley is especially impacted by mobile sources since two major freeways go through this area. AB 911 provides that it is an infraction to operate a motor vehicle resulting in excessive emissions of smoke, flame, gas, oil or fuel residue. It prescribes a fine of not less than $250.00 nor -more than $2,500.00 for a first offense and not less than $500.00 nor more than $5,000.00 for a second or subsequent offense within one year. Revenues collected from the fines would go 25% to the prosecuting agency, 25% to the enforcement agency, and 502 to the general fund of the Air Quality Management District. The Sheriffs Department has been contacted regarding AB 911 and has indicated that they could enforce this particular section of the code at no additional cost to the City. They could simply use the 21 officers assigned to traffic and let them know that the enforcement of this section of the code is a high priority for the City of Santa Clarita. The rigorous enforcement of this particular section of the code has several advantages: (1) first and foremost, it is a major step forward towards improving the air quality of this region, and it gets off the road the worst offenders of the air quality regulations; (2) it provides additional revenue for the City of Santa Clarita; and (3) it sends a clear message to Southern California that Santa Clarita is interested in its environment and will not tolerate severe air polluters in its region. It is recommended that the City Council direct the Sheriffs Department to begin rigorous enforcement of AB 911 when it becomes a law on January 1, 1991. Apo ,iFER Agenda item:_ .00T 15 '90 16:42 SOULI.1 Coast AIR QUALITY MANAGEMENT DISTRICT 5150 FLAIR DRIVE, EL h40NTE. CA $1731 (818) 572.6200 TELECOPY TRAN'S1'TITTAL FORNN NUM3HR OF PAGES (including this page) $_ D. -%r: torv; Po0�— TO: k Pulskayyxo PHONE: FROM: FHOIE,9V'`J '(GLIOa1 SUBJECT: MESSAGE: You may call the person indicated below to verify that communication has been received. MONTE•EN G�C'eiffiNT.......------ _.818 307-9317 ............ ,.,_......... ANN KYPSEOS........... ............. 818 872-5:73 l', h �. .l EL MCNTP:A?aLVGI�UL=.'7...._._.348571.7:50...........................M:CY.eLc SEC•w'.L......--- ...81.°. 572.21'so' J=LMCNT_-TPANSPORTATICN........... 8182Sar61:9........ _..... ............ GERI W..UVNO........................ 813572 -?.SE -0 ( eL MONT- 7c'CH:ERVICE3 _............5182.0-6719 .... ...................... .ANA PONCE............._...._.......iti 672}.532 ' \ d i c � Ff e l E! WON-, Z•'cNGWEEPING... -__.......... 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AB 911 PAGE 11 ------------------------ ------------------------------------------------- 1 ----- 2 367 An act to amend Section 42001.2 of the Vehicle Code, relating to air 3 pollution. 4 Approved by Governor July 18, 1990 5 Filed withSecretary of State July 190 1990. 6 7 LEGISLATIVE COUNSEL'S DIGEST 8 9 AB 911, Katz. Air pollution. 10 Under existing law, it is an infraction to operate a motor vehicle in 11 a manner resulting in excessive emissions of smoke, flame, gas, oil, or 12 fuel residue. It is an infraction, subject to a fine .not exceeding 13 $1,500, to discharge, below an elevation of 4,000 feet, any air 14 contaminant which exceeds.prescribed standards, from a vehicle with a 15 gross weight rating of 6,001 or more pounds; and a violation of those 16 provisions in any otherQvehicle is an infraction punishable pursuant to 17 provisions applicable to infractions generally ($100 maximum for a•1st 18 offense, $200 maximum for a 2nd offense within one year, and $250 maximum 19 for a 3rd or subsequent offense within one year). 20 This bill would, instead of that $1,500 fine, prescribe a fine of not 21 less than $250 nor more than $2,500 for a 1st offense, and not less than 22 $500 nor more than $5,000 for a 2nd or subsequent offense within one 23 year. The bill would prescribe a fine of not less than $100nor more 24 than $250 for a 2nd or subsequent violation, in a vehicle with a gross 25 vehicle weight rating of less than 6,001 pounds, of either the provisions . 26 regarding the 4,000 feet elevation or the provisions relating 27 to excessive emissions of smoke, flame, gas, oil, or fuel residue; and 28 for the failure to correct or deliver proof of correction of either 29 violation when a notice to correct was issued and the person was 30 previously convicted of the same offense. The bill would limit the 31 penalties for a 2nd or subsequent offense to violations involving the 32 same vehicle. The bill would require the fines to be allocated to 33 designated agencies. 34 35 The people of the state of California do enact as follows: 36 37 SECTION 1. Section 42001.2 of the vehicle Code is amended.to read: 38 42001.2. (a) Every person convicted of an infraction for a violation 39 of Section 27153.5 with a motor vehicle having a manufacturer's maximum 40 gross vehicle weight rating of 6,001 or more pounds shall be punished by 41 a fine for the first offense of not less than two hundred fifty dollars 42 ($250) and not mare than two thousand five hundred dollars ($2,500), and 43 for a second or su.". equent offense. .within one year of not less than five 44 hundred dollars ($500) and not more than five thousand dollars ($5,000). 45 (b) Every perzon convicted of an infractioh'for a second or 46 subsequent violation of Section 27153, or a second or subsequent 47 violation of 27153.5, with a motor vehicle having a manufacturer's 48 maximum gross vehicle weight rating of less than 6,001 pounds, shall be 49 punished by a find of not less than one hundred dollars ($100) nor more 5o than two hundred r£ty dollars ($250). DELETED MATERIAL T:^ IN BRACKETS [). ADDED MATERIAL IS -CAPITALIZED. *d.****'OCT 15 '90 1643 ****k* LETEXT RA RT 08/27/90 08127 ***F* ----..-..------------------ ---- --------------�...------ AB 911 PAGE 1 (c) Notwithst*rding Section 40616, -the penalties in subdivision (b) 2 apply when a Pers: -n is guilty of willfully violating a written promise to 3 correct, or willfully failing to deliver proof of correction, as 4 prescribed in section 40616, when an offense described in subdivision (b) 5 was the violation for which the notice to correct was issued and the 6 person was previously convicted of the same offense, except that costs of 7 repair shall be l-.nited to those specified in Section 44017 of,the Health 8 and Safety Code. 9 (d) Revenues e;511ected from fines imposed under this section shall be 10 allocated as f011nws,: 25 percent to the prosecuting agency, 25 percent 11 to the enforcement agency, except the Department.of the California 12 Highway Patrol, and 50 percent to the general fund of the air quality 13 management districor air pollution control district in which the 14 infraction occurr^.:.;. If the enforcement agency is the Department of the 15 California Highway i'atrol, the revenues shall be allocated 50 percent to 16 the prosecuting a1n;,zy,?and 50 percent to. the district in which the 17 infraction occurr.:c.. 18 (e) For the pct noses of subdivisions (a), (b), and (c), a second or 19 subsequent offenac': ,.'oes not include an offense involving a different 20 motor vehicle. BILL NO? ******OCT 15 '90 1643 ***** ***********ir** �*k***�N**�r*t*** *,LEGI-TECH COMMITTEE ;LYSIS REPORT 10/15/90 ------------------------------------------------------------------•------- AB 911 06/19/90 SENATE COMMITTEE ON TRANSPORTATION PAG$ 1 SENATE TRANSPORTATION COMMITTEE BILL NO.: AB 911 AUTHOR: KATZ VERSION: (Orig.) Amended 08/11/90 FISCAL: NO SUBJECT: Air pollution. DESCRIPTION:. This measure would revise the fine schedule for violation of emission standards. ANALYSIS: Under existing law, it is an infraction to operate a motor vehicle in a manner resulting in excessive emissions of smoke, flame, gas, oil or fuel residue. The fine for excessive discharge below an elevation of 4,000 feet from a vehicle with a gross weight rating of 6,001 or more pounds may not exceed $1,500. There is no prescribed minimum. For any other vehicle the fine is that which is applicable to infraction in general ($100 maximum for a first offense, $200 maximum for a second offense within one '.year, and $250 maximum for a third or subsequent offense within one year). This bill would, instead of that $1,500 fine, prescribe a fine of not less than $250 nor more than $2,500 for a first offense, and not less than $500 nor more than $5,000 for a second or subsequent offense within one.year. The bill would prescribe a fine of not less than $50 nor more than $250 for a second or subsequent violation, in a vehicle with a gross vehicle weight rating of less than 6,001 pounds, or either the provisions regarding. the 4,000 feet elevation or the provisions relating to excessive emissions of smoke, flame, gas, oil or fuel residue; and for the failure to correct or deliver.proof of correction of either violation when a notice to correct was issued and the person was previously convictedlbf the same offense. Revenues collected from fines imposed under this bill must be allocated as follows: 25 percent to the prosecuting agency, 25 percent to the enforcement agency, except the Department Of the California Highway Patrol, and 50 percent to the general fund•of the air quality management district or air pollution control district in which the infraction occurred. If the enforcement agency is the Department of the California Highway Patrol, the revenues must be allocated 50 percent to the prosecuting agency, and 50 percent to the district in which the infraction' occurred. COMMENTS: This bill, as it passed the Assembly, was authored by Assembly Member Killea and dealt with low emission vehicles. The text and the author are new to this bill. POSITIONS: (Communicated to the committee before noon on Thursday, June 14, 1990). SUPPORT: South Coast Air Quality Management District Bay Area Air Quality Management District County of Tehama Air Pollution Control District SILL NO? 16:44 • � P.SiB 11. MCKGROUND ON DIESEL ENGINES LAND THEIR EMISSIONS 3`;,,.• Since the.developnient of the first Diesel -cycle engine about 90 years ago, it has become a power source for both motor vehicle and stationary (e.g., industrial). applications. The appeal of the Diesel -cycle engine is its ability to provide high efficiency over a wide range of loads and speeds while using simple, distillate fuel. Although not an inherent feature of the combustion process, most of the Diesel engines that have been developed for heavy-duty vehicles provide much greater durability.than is associated with gasoline engines. As a result, Diesel engines.are a popular powerplant for trucks and buses throughout the world. While much progress has been made to control Diesel emissions, further reductions still need to be made. By 1990, it is estimated that 200,000 heavy-duty Diesel -powered vehicles will be in service statewide and they will tally 27 million miles per day•and consume 1.5 billion gallons of Diesel fuel per year. rhese Diesel vehicles contribute significantly to the overall air pollution problem, and in a tampered or malmaintained state are an especially visible source of smoke and -soot. The pollutants emitted by Diesel vehicles include unburned :hydrocarbons (HC), carbon monoxide (CO), oxides of sulfur (Sox), ,.oxides of nitrogen (Nox), particulate matter (PH), and other ,,potentially toxic compounds. Diesel vehicles emit relatively low i1svels of HC and CO,.and relatively high levels of NOx and PM .compared to gasoline vehicles. It should be noted that even ;:though Diesel vehicles emit relatively low levels of HC and CO, these emissions will represent an increasing portion of the "remission inventory in years to come as other.HC and CO sources are ther controlled. To limit the.emission of pollutants by Diesel vehicles, the ARB has enacted stringent standards affecting such emissions. A summary of these standards is presented in Table 5. The following paragraphs provide a brief description of.the ::health concerns posed by the pollutants emitted by Diesel engines, ':followed by an inventory of the Diesel emissions from stationary and -mobile sources. A more extensive discussion of the health and :environmental problems associated with exposure to Diesel remissions can be found in Appendix B. >'<:+ HC emissions pose two health concerns. HC emissions by ;'themselves can be comprised of toxic and suspected toxic compounds. Once the HC emissions enter the ambient air they combine with other compounds to form ozone in the photochemical ..smog process. acs,..., ,... ... -13- '90 16:45 • 0 Table 5 Emission Standards for Diesel Vehicles g/mi ------------- Fox * ------------- g/mi-------------- 10,6 Passenger Cars HC CO NOx PM 10.6 • 1.0 0.40 1986 1982 0.46 8.3 1.5 0.60 1985 . 0.46 8.3 1.0 0.40 1986 0.46 8.3 1.0 0.20 1989 0.46 8.3 1.0 0.08 * Light Trucks: ............. HC CO g/mi ------------- Fox PM 1982 0.46 10,6 1.5 0.60 1985 0,46 10.6 • 1.0 0.40 1986 0.46 10.6 1.0 0.20 1989 0.46 10.6 1.0 0.08 Heavy -Duty Trucks ........... g/bhp_hr ---------=-- and Buses: HC CO NOx PM 1988 (ail) 1.3 15.5 6.0 0.60 1991 (truck) 1.3 15.5 5.0 0.25 1991 (urban buses) 1.3 15.5 5.0 0.10 1994 (truck) 1.3 15.5 5.0 0.10 *100,000 mile certification distance required. P.6/8 ,;:.r Human exposure to CO -emissions can cause angina, dizziness and fatigue, and can impair control of nervous system functions. Ambient CO concentrations in.certain areas oftheSouth Coast Air Basin, for example, are about two times the federal and state health -based standards. In 1985, unhealthy levels of CO occurred on more days in the South Coast Air Basin than in any other area in'the country except New York City. Another pollutant emitted from Diesel engines is 50x. Sox emissions are primarily composed of sulfur dioxide (SO2) and sulfur trioxide 009). Both pollutants pose health and environmental concerns. SO, is of.special concern because it reacts rapidly with water vapor in the exhaust stream or in the .atmosphere to"form sulfuric acid. SO2 also contributes'to the formation of sulfuric acid, the formation of sulfate aerosols which are a form of particulate matter, and the formation of acid rain. Exposure'to SOx emissions adversely affects the human respiratory system. Symptoms are shortness of breath, increased respiratory tract infections, and chronic bronchitis. One of the pollutants that is of special concern is NOx because Diesel engines are not compatible with catalytic NOx -14- 16:46 • � P. 7/8 1 a?:.control, as are gasoline -powered engines. Nitric oxide (NO) accounts for most -of the NOx emissions from Diesel engines. By itself, NO does not pose a health concern. However, in the atmosphere NO is quickly oxidized into nitrogen dioxide (NO2) .; which poses both a health and environmental concern. Exposure -to =: NOs decreases lung function and may reduce resistance to infection. Although the federal ambient NOs standard. of 0.053 ppm -,.was exceeded in the South Coast Air Basin by only 2 percent in 1987, the more important state 1 -hour average air quality standard (0.25 ppm) was exceeded by 688. NO: in the atmosphere is also. a precursor to ozone formed through the photochemical smog process. Diesel NOx emissions are generally difficult to control ,.;:'because NOx-specific.control techniques often tend to increase other emissions and also increase fuel consumption. The NOx controls for Diesels include combustion chamber design changes, Ignition timing r%tard and exhaust gas recirculation (ECR). The NOx reduction catalyst used on gasoline engines cannot be adapted because Diesel engines operate with excess air while NOx catalysts require the chemically ideal amount of air, or insufficient air. Another pollutant of -concern is particulate matter (PM). PM can either be directly emitted into the atmosphere as a -by-product Of fuel combustion, or can be emitted through abrasion, typically from tire -wear or brake linings. The major source of motor vehicle PM emissions is from tire -wear. Tire -wear PM is not a major health concern because these emissions tend to be greater than 10 microns in diameter. These larger particles cannot penetrate deep into the lungs. Diesel exhaust PM, on the other hand, is less than 10 microns in diameter (PM10) and poses a serious health risk. The small size of -Diesel PM10 allows the particle to be drawn deep into.the lungs where the result can be serious respiratory ailments. Almost all of the motor vehicle PM10 emissions are emitted from Diesel -powered vehicles. Health effects resulting from exposure to PM1O include cell damage to the lung tissue, narrowing of the air passages within the lungs, and reduced pulmonary function. In addition, the particles carry carcinogenic and other toxic compounds which adhere to the particles. Breathing these particles causes ad increased risk of cancer. .;; Although ozone is not directly emitted from Diesel engines, if is formed through photochemical conversion of NOx and HC emissions which are emitted from Diesel engines. Ozone is a 1,1::.strop oxidant g and poses a significant risk to public health. Studies have shown that exposure to elevated ozone concentrations results in reduced lung function, particularly during vigorous Physical activity. This health problem is particularly acute in., children, the elderly, and those with impaired lung function. Besides the previously mentioned pollutants, Diesel engines emit a variety of other compounds. These emissions include aldehydes; benzene; 1,3 butadiene; polynuclear aromatic -15- '90 16:4716 64716 P. 8/6 hydrocarbons (PAM); and xylene. Some of these compounds are known or suspected carcinogens and are under investigation as possible Toxic Air Contaminants (TAC's). Diesel engines are used in mobile (vehicular) and stationary applications. Stationary Diesel engines are generally larger an than those used for vehicles. These engines usually operate at lower engine speeds (360 to 1200 rpm) and at a constant speed. Stattonary engines are typically used for electric power generation, and for the pumping of water, oil or sewage. The emissions from Diesel mobile sources -are classified as either on-road-or'as "other" mobile sources. On -road Diesel sources include four major categories, or.classes of motor vehicles: light-duty passenger cars, light-duty trucks, medium - duty trucks, and heavy-duty trucks. The "other" mobile sources .encompass a wide :variety of vehicles and include farm, • construction, utility, marine, and locomotive engines. All of the •other" sources are currently unregulated, but studies to assess the feasibility of reducing emissions are in progress and could lead to the adoption of emission.standards within 2 to 5 years. The estimated statewide emissions from Diesel sources are presented in Table 6. Table 6 Estimated Statewide Emissions of SO2, NOXI PM10 From Diesel -Powered Sources (Tons Per Day in 1990) ........ .... Pollutant .................. .......-.. PM10 ----------- Source Category S02 NOx Fugitiv0 0ther2 Total Total 487 2824 2822 485 .. 3307 Stationary 262 889 2760 339 3099 Mobile 225 1935 62 146 208 On -Road Mobile 80 517 76 9 85 Other Mobiles 145 1418 70 53 123 r Fugitive PM10 includes all emissions that are considered uncontrollable.such as road dust, agricultural tillage dust, tire wear, and brake lining wear, etc. 2 "Other'!PM10 emissions consist of PM10 emissions other than road .dust, windblown dust; agricultural tillage dust, etc. ? Other mobile sources include trains, off-road construction equipment, and utility equipment, etc. Source: ARB/SSD/TSD .16- Motion: That the City Council issue a declaration of'policy regarding . the potential acquisition of title to the Saugus Rehabilitation Center as follows: The Cit of Santa Clarita IS interested in acquiring cF ?n �p �e a ttan Y.he S��gus Rehabilitation Center •AuyeJEaa for park and recreation purposes and for other municipal purposes. 2. The City of Santa.Clarita is NOT interested in acquiring title to the Saugus Rehabilitation Center from the City of Los Angeles pursuant to and subject to the terms and conditions of the Joint Exercise of Powers Agreement creating'. the Los Angeles Solid Waste Authority. d